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Home My WebLink About029124 ORD - 07/12/2011ORDINANCE ABANDONING AND VACATING A 1,764-SQUARE•FOOT PORTION OF A 15 -FOOT WIDE PUBLIC ALLEY RIGHT-OF-WAY, OUT OF LOTS 4-7, BLOCK 9, BAY VIEW ADDITION, SAID PUBLIC RIGHT-OF-WAY BEING LOCATED BETWEEN SANTA FE STREET AND FIFTH STREET AND NORTH OF THE MORGAN STREET PUBLIC STREET RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; WHEREAS, Dr. Cesar Albarracin (Owner), is requesting the abandonment and vacation of a 1,764 -square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, in order to better secure his properties from vandalism, robbery and unauthorized activity on either side of the current alley right-of-way. The easement to be abandoned and vacated is located in an "AB" Office District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, June 14, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 15 foot wide public alley right-of- way, subject to the provisions below. (Exhibit A - Metes and Bounds Description, Exhibit B - Metes and Bounds Location Map, Exhibit C -- Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 1,764 -square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, as recorded in Volume A, Pages 24 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above 15 foot wide public alley right- of-way is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 1,764 -square foot portion of the 15 foot wide public alley right-of-way, Owner will pay the fair market value of $8,560.00. 2) Within 180 days of approval by City Council and issuance of the ordinance, Owner will be required to replat the portion of public right-of-way being abandoned and vacated, and record at Owner's expense all grants of public right-of-way closures in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to- date survey, abstracted for all public rights-of-way, easements and items of record, 029124 H:1LEG-DJR\Shared\LEGAL-DEV.SVCS12011 Agenda16-14-111Bay View Addition16-1-110rd. Aban & Vacate.DWBFinal.docx INDEXED must be submitted to the Assistant City Manager of Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. That the foregoin on this the ordinance w s read for the first time and passed to its second reading ay of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Th t t e foregoing • rdi ance was read for the second time and passed finally on this the /A' -day of , 2011, by the following vote: 1 Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the ' day of ATTEST: /(61149‘1°6 Armando Chapa City Secretary , 2011. 4140, Joe Adafne Mayor APPROVED as to form: This 1st day of June, 2011: d eborah Walther : ro n Assistant City Attorney For City Attorney 029124 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda16-14-I 11Bay View Additionl6-1-11.Ord. Aban & Vacate.DWBFinal.docx HAAS SURVEYING Michael Haas, LSLS, RPLS Telephone: (361) 776-7007 3370 Avenue A Mobile: • (361) 774-7870 Ingleside, Texas 78361 Fax: (361) 776-6946 May 24, 2011 Job No. 110128 EXHIBIT A ALLEY CLOSURE Field Notes of a 0.040 acre tract of land, being a 15 foot wide alleyway lying between Lot 4 and Lots 5, 6 and 7, Block 9, Bay View Addition, an Addition to the City of Corpus Christi, Nueces County, Texas, as shown on map recorded in Volurne A, Page 24, Map Records of Nueces County, Texas, and said 0.040 acre tract being more particularly described as follows; BEGINNING at a 1/2" iron rod found for the northeast comer of this tract, same point being at the southeast corner of said Lot 4, and same point being in the west right-of-way line of Santa Fe Street; THEN South 18°55'10" East along the east line of this tract, and same being the west right-of- way line of said Santa Fe Street, a distance of 15.51 feet to a 1/2" iron rod found for the southeast corner of this tract, same point being at the northeast corner of said Lot 5; South 85°50'37" West, along the south line of this tract, same being the north line of said Lots 5, 6 and 7, a distance of 119.59 feet to a 5/8" iron rod found for the southwest corner of this tract, same point being' at the northwest comer of said Lot 7, and same point being in the east right-of-way line of Fifth Street; THEN North 04°09'23" West, along the west line of this tract, same being the east right-of-way line of said Fifth Street, a distance of 15.00 feet to a 1/2" iron rod found for the northwest corner of this tract, same point being at the southwest corner of said Lot 4; THEN North 85°50'37" East along the north line of this tract, same being the south line of said Lot 4, a distance of 115.64 feet to the POINT OF BEGINNING. CONTAINING 0.040 acres (1764 square feet). Note: Bearings are based on the recorded plat of Bay View Addition, an Addition to the City of Corpus Christi, Nueces County, Texas, as shown on map recorded in Volume A, Page 24, Map Records, of Nueces County, Texas, NOT VALID WITHOUT ORIGINAL INK SIGNATURE. Michael Haas, LSLS, RPLS License No. 2033 6 LOCATION MAP N.T.S. • a O L, FOUND 112 STEEL, ROD N04'09'23' W 15.00' FOUND 518' STEEL ROD 30' LOT 2-B LOT 3 Bwe 9 - LOT 4 N85'50'37'E 113.64' 0.040 0.040 ACRES (1764 5Q. FT.) POINT OF BEGINNING FOUND IR' STEEL ROD SI 8.55i 15.51' FOUND IIT STEEL ROO 585'S0'37`W 119.59' 1 LOT 7 f f LOT 6 LOT 5 LOCK 9 4. MORGAN AVENUE 60' RIGHT-OF-WAY Michael Naos Registered Professional Land Surveyor Texas No. 2033 Surveyed on the ground May 24, 2011. RIGHT-Of.WAY EASEMENT CITY OF CORPUS CHRISTI DOC, NO. 2003033245 OFFICIAL RECORDS, N.C.T. EXHIBIT B FIELDNOTES FOR THE CLOSING OF A 15.00 FOOT WIDE ALLEY AS SHOWN ON THE RECORDED PLAT OF BAY VIEW ADDITION A MAP OF WHICH 1S RECORDED IN VOLUME A, PAGE.24, MAP RECORDS CORPUS CHRISTI, NUKES COUNTY. TEXAS (SEE ATTACHED DESCRIPTION) HMS 3370 /6'E. (FNl A. 361-77 SURVEYING 4 1. 2'4764ri-7eio77e-7oo7 MEMO! BY: APWD. FEY: Jae 110128 SCALE: 1'-5a FT. 11Q DATE: 06-24-2011 417:2 REV: • 4 2l BA.Y VIEW ADDITION LIS 4,5,6&7 aLKC 9 Proposed Easement Closure tip a 150' Buffer EZZZO £aaemeht Closure EXHIBIT C State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5968957 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA.LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE ti the Corpus Christi Caller -Times, a daily newspaper published atCorpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, li le.ber g, Live Oak, Nueces, Refugio, 'San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING which the annexed is a true -copy, was inserted in the Corpus Christi Caller -Times on the 25TH DAY OF MAY, 2011. $ 160.77 On this lday of is a true and an exa 41 LEGAL SALES REPRESENTIVE , 201( I certify that the a-ttached-document b publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 l No ry Public, State of Texas t..1.13V4 L117030 .3310-10•4 N otice OF PUBLIC HEARING, An appplication been flied with the: •Corpus Christi City Councilto. consider' 'the abendoning &:ve eating of the following ;public alley right-of- way: a1,742.40-sq. ft. portion of a 15-ft wide public ailei right of wayyL-out of Lats..,4,7, Block„9, :Bay View• Addition; said public ;right of w ay .being located: betwoen: Santa Fe St. & 17thStreet & north of the. Morgan St. public street right-of- Way, subject to com- pliance with the specified conditions? The public. hear€ng on said application(�s) w ill be' held by` the City Council in, the Council Chambers"of City }tail, .1201 Leop ard, in tte City'>'of" CorpusChristl Texas, on Tuesday June'14,, 2Q11 after:12 00 p.m, during the regular Counaf meet€ng, `:at which time & place all;'. persons `& cattle$::: and/or their a enter may beard Eby the said : City Ooun it /s/Armando` Chapa . City Secretary.. State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad .# 5970876 PO # Before me, the undersigned, a Notary Public, this day personally came •GEORGIA .LAWSON, who being first duly sworn, according to .law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugia, and "San Patricia, Counties, and that the publication of, NOTICE OF PUBLIC HEARING An application which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the W2012011. 6/20.2011. $ 152.04 1Time(s) LEGAL SALES REPRE'SENTIVE On this v day of , 20 ti I certify that the attached document is a true and an exact copy made by publisher. Notary Public, St a e $f Texas ,V 4;' " -. MICHELLE JOYCE CAMERA 3 MY COMMISSION EXPIRES ; March 19, 2012 J 4E » June 20, 2011 » CALLER -TIMES OTICE OF PURL' I ;HEARING :.'. An application has" been,;.filed with the Corpus Christi City :Council to consider the abandoning "& va- cating;of the folllowingg public.: alley right of - way: a: =Wide public alley"right-of- Way, out of Lots 4.7, Block 9, Bay; View Addition, being locat- ed between Santa Fe St. & "Fifth 'Street & north of the. Morgan. Ave. public">street right-of-way, ?subject. ;to: Compliance With .the specified Condi- ... The public hearing on said-application(s) will. be held"by the City>Councll in the Council Chambers of.. City Hall, 1201' Leop and ?in the ;.City of Corpus. Christi, Texas; an Tuesday, June 28, 2011,after 12:00 p m during tfte ,regular Council moeting, at which: time"&:place all persons & :;parties: arlo/or: their::agents may:: appear. & be heard by the said Council. s1;Armando,Chapa. ", City, secretary` _ ;f- ;20 110313.20 CERTIFICATE THE STATE OF TEXAS ' COUNTY OF NUECES ' I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Resolution No. 029124 passed and approved by Corpus Christi City Council on July 12, 2011 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 25th day of July, 2011 . 1-0 ,n,L..7,11 ? Armando Chapa City Secretary "-ic:� 11. .. Corpus Christi, Texas , "/,./eAvrt- -*..:S,.' Iti s (S E AL) . ,' • • Doct 2 0 1 1 0 3 5 2 0 t Pages 6 08/30/2011 10:34AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Racer Color, Relision, Sex, Handicap: Familial Status? o, National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS —_ -_ - - ^ereby cernify that this .nstrument 4i; s ,iLc.D in file number senuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of • Nueces County, Texas Diana T. Borreru �� . «» ^ �� ~ -4, e � � mf � �� —�-- ' V °. uO[�� k�M.�� De Tment Se Special Services ' ' 2406Suite 'Leopard, .CO� w &NOUs Christi, TX 78408 � �